Amendment and Forbearance Fee Sample Clauses

Amendment and Forbearance Fee. A fee to the Administrative Agent by the Borrowers for the account of each Lender in the amount equal to the product of each such Lender's Percentage times $106,250 required pursuant to the Seventh Amendment to Credit Agreement and Amendment to Forbearance Agreement dated as of August 29, 2002. Additionally, the Borrowers hereby agree and acknowledge that the Borrowers shall pay a fee to the Administrative Agent for the account of each Lender party to this Amendment in the amount equal to the product of each such Lender's Percentage times $500,000 in two installments, payable (i) on or before November 1, 2002, in the amount of $125,000 and (ii) on or before December 31, 2002 in the amount of $375,000; provided that, if the aggregate amount of (i) the Revolving Commitment Amount plus (ii) the aggregate principal amount of all outstanding Term Loans does not exceed $23,500,000 on December 31, 2002, then the Borrowers shall not be required to pay the fee required under clause (ii) above; and provided, further, that, the Borrowers hereby acknowledge and agree that the failure to pay the fees required hereunder to the Administrative Agent for the account of each Lender party to this Amendment shall constitute an Event of Default under the Credit Agreement; and
Sample 1
AutoNDA by SimpleDocs
Amendment and Forbearance Fee. The Borrowers shall pay a fee to the Administrative Agent for the account of each Lender party to this Amendment in the amount equal to the product of each such Lender's Percentage times $106,250. Additionally, the Borrowers hereby agree and acknowledge that the Borrowers shall pay a fee to the Administrative Agent for the account of each Lender party to this Amendment in the amount equal to the product of each such Lender's Percentage times $106,250 on or before the earliest of (i) October 31, 2002, (ii) the occurrence of an Event of Default under the Credit Agreement (other than the Existing Default or the occurrence of a financial covenant default that may arise under Section 10.6(A), (B), (C), (D) or (F) of the Credit Agreement) and (iii) the occurrence of any Termination Event; and
Sample 1
Amendment and Forbearance Fee. The Borrowers hereby agree and acknowledge that the Borrowers shall pay a fee to the Administrative Agent for the account of each Lender party to this Amendment in the amount equal to the product of each such Lender's Percentage times $212,500 on or before August 31, 2002;
Sample 1
Amendment and Forbearance Fee. In addition to all other fees, charges, interest and expenses payable by Borrower to Wachovia under the Loan Agreement and the other Financing Agreements, Borrower shall pay to Wachovia an amendment and forbearance fee in the amount of $50,000, which fee shall be fully earned as of and payable in advance on the date hereof. If the Forbearance Period is extended by Wachovia in its sole and absolute discretion in accordance with the terms of this Agreement, Borrower shall pay to Wachovia a forbearance and extension fee in the amount of $50,000, which shall be fully earned as of and payable on the date of such extension. The foregoing fees may be charged to any loan account of Borrower maintained by Wachovia.
Sample 1

Related to Amendment and Forbearance Fee

  • Forbearance Fee In consideration of the Lender’s agreements set forth herein, Obligors agree to pay the Lender a non-refundable forbearance fee in the amount of $12,500.00 (the “Forbearance Amendment Fee”). The Forbearance Amendment Fee shall be: (i) fully earned by the Lender as of the Forbearance Amendment and Fifteenth Amendment Effective Date, (ii) retained by the Lender as a fee under all circumstances and shall not be applied in reduction of any other of the Obligations, and (iii) paid to the Lender in good and collected upon the execution of this Agreement.

  • Amendment to Loan Agreement Subject to satisfaction of the conditions precedent set forth in Section 4 below, the Loan Agreement is hereby amended as follows:

  • Amendment and Waiver The provisions of this Agreement may be amended or waived only with the prior written consent of the Company and Executive, and no course of conduct or failure or delay in enforcing the provisions of this Agreement shall affect the validity, binding effect or enforceability of this Agreement.

  • Amendment to the Loan Agreement Section 3.1 of the Loan Agreement shall be amended and restated as follows:

  • Forbearance Agreement Except as otherwise expressly provided herein, (i) the Forbearance Agreement is, and shall continue to be, in full force and effect and is hereby ratified and confirmed in all respects, except that on and after the date hereof (A) all references in the Forbearance Agreement to "this Forbearance Agreement ", "hereto", "hereof", "hereunder" or words of like import referring to the Forbearance Agreement shall mean the Forbearance Agreement as amended and modified by this Amendment, and (B) all references in the Financing Agreement or any other Loan Document to the " Forbearance Agreement ", "thereto", "thereof", "thereunder" or words of like import referring to the Forbearance Agreement shall mean the Forbearance Agreement as amended and modified by this amendment. This Amendment shall be effective only in the specific instances and for the specific purposes set forth herein and does not allow for any other or further departure from the terms and conditions of the Forbearance Agreement or the Financing Agreement which terms and conditions shall remain in full force and effect.

  • Amendment to Credit Agreement (a) As of the Effective Date (as defined herein), Section 1.1 of the Credit Agreement is hereby amended by adding the following definitions in their appropriate alphabetical order:

  • Amendments to the Loan Agreement The Loan Agreement is hereby amended as follows:

  • Amendment and Waivers Any term or provision of this Agreement may be amended, and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) only by a writing signed by the party to be bound thereby. The waiver by a party of any breach hereof for default in payment of any amount due hereunder or default in the performance hereof shall not be deemed to constitute a waiver of any other default or any succeeding breach or default.

  • Amendment as Loan Document This Amendment shall constitute a Loan Document.

  • Amendment of Loan Agreement The Loan Agreement is hereby modified and amended as follows:

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!